December 19, 2017

What Employers Should Know When Considering Using Payroll Cards to Pay Wages

What Are Payroll Cards? Payroll cards—also known as payroll debit cards or paycards—are similar to bank debit cards. They are an increasingly popular method for employers to pay wages because they reduce the administrative costs associated with the processing and distribution of live, paper paychecks. Payroll cards can also be attractive to employees, as payroll cards eliminate the hassle and monetary cost...

December 19, 2017

Drafting Advice: Avoiding Accidental Contracting

By: Timothy Murray , Murray, Hogue & Lannis THERE IS A STAGGERING AMOUNT OF LITIGATION involving disputes over whether a binding contract was formed during contract negotiations. In a typical case of this kind, the parties agree on many issues while negotiating a deal, but they intend to execute a formal document and never get around to doing it before their relationship unravels for one reason or another. Litigation...

December 19, 2017

The Impact of E-commerce on Retail Leases and Lease Exit Strategies

By: S.H. Spencer Compton and Diane Schottenstein EVERY REAL ESTATE INDUSTRY HEADLINE TODAY SEEMS to trumpet the decline of retail leasing and the advent of e-commerce: the so-called “Amazon Effect.” 1 One recent article recounts the impact of Amazon on traditional retailers such as Walmart and concludes that: It is apparent the Amazon Effect has left America with far more storefronts than needed. Stand...

December 19, 2017

Top 10 Practice Tips: Master Limited Partnerships

By: Joshua Davidson , Baker Botts LLP If you are internal counsel to a publicly traded corporation that has decided to form a master limited partnership (MLP) and would like to become better educated about MLPs before starting the IPO process, below are 10 practice tips for you. 1. Obtain a basic understanding of the tax qualifying income rules. MLPs have a special tax status. Unlike corporations, they are not taxed...

December 19, 2017

The Changing Immigration Laws under the Trump Administration: A New Era for U.S. Immigration

By: Elizabeth Espín Stern and Maximillian Del Rey , Mayer Brown LLP Introduction By all accounts, immigration was among the most debated issues of the 2016 presidential election. According to the Pew Research Center, 70% of registered voters listed immigration as “very important” to their vote in 2016. From the inception of his presidency, Donald Trump has made clear that the issue remains at the...

December 19, 2017

Recent Trends in Media Industry Mergers and Acquisitions

By: Meredith Senter and Erin E. Kim , Lerman Senter PLLC This expert interview provides an overview of current market trends in the media industry and outlines the important aspects of this segment that make mergers and acquisitions in the industry unique. What Does the Current Market Look Like in the Media Industry? Mergers and acquisitions in the U.S. media industry have been on the rise. Television M&A is...

December 19, 2017

Strategies for Creating and Implementing a Zero-Tolerance Workplace Violence Policy

By: Elizabeth Harlan , Astrachan Gunst Thomas, P.C. According to the Occupational Safety and Health Administration (OSHA), approximately two million workers a year are affected by some form of workplace violence. The National Crime Victimization Survey reports more than a million workdays are lost each year as a result of workplace assaults. Employers are subject to multimillion dollar judgments when incidents take...

December 19, 2017

Clean & Renewable Energy Industry Practice Guide

By: Scott Anthony, Eric Blanchard, and Matthew Gehl , Covington & Burling LLP The clean and renewable energy industry focuses on alternative energy solutions to traditional fossil fuels, which currently dominate the supply of energy across the world. Unlike traditional fossil fuels, which are potentially finite in availability and can generate relatively high levels of pollution, clean and renewable energy sources...

December 19, 2017

Industry Insights: Aircraft Lease Securitizations

By: Patrick Dolan and Ramy Ibrahim , Norton Rose Fulbright Us LLP THE AIRCRAFT LEASE SECURITIZATION MARKET IS EVOLVING as evidenced by an increase in these transactions over the last few years. Indications are that 2017 may surpass 2016 in total number of aircraft lease securitizations. Three potentially significant issues for the aircraft lease securitization market during 2017 and in 2018 are (1) the applicability...

November 01, 2017

Navigating Compliance Concerns

By: Terrance Oben OBEN LEGAL                                    THIS ARTICLE DISCUSSES PRACTICAL STEPS THAT companies can take to successfully embed a positive compliance culture and outlines a proposed approach to developing and implementing a compliance program that can be used globally, regardless of industry...

November 01, 2017

Market Trends: Responding to Negative Voting Recommendations by Filing Additional Proxy Soliciting Materials

By: Lori Zyskowski GIBSON, DUNN & CRUTCHER LLP The voting recommendations of proxy advisory firms—including, most notably, Institutional Shareholder Services (ISS) and Glass Lewis & Co. (Glass Lewis)—continue to influence the voting outcomes of company and shareholder proposals. Even when the company’s largest shareholders follow their own voting policies, the voting recommendations of proxy...

November 01, 2017

In-House Counsel Ethics: Fee Sharing Implications

By: Devika Kewalramani MOSES & SINGER LLP Lawyers are prohibited from sharing legal fees with non-lawyers unless an exception applies. The issue of fee sharing infrequently arises for in-house counsel as they are typically salaried employees who usually do not receive fees for advising their corporate employers. ON THE RARE OCCASION THAT IN-HOUSE ATTORNEYS represent their employer-client in litigation and arbitration...

November 01, 2017

Addressing Retirement Plan Investment Committee Issues

By: Jeffrey Lieberman SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP This article identifies best practices to assist a 401(k) plan investment committee in satisfying its fiduciary obligations under the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. § 1001, et. seq. , as amended) (ERISA). The focus is primarily on steps investment committees can take to monitor plan investment options and service providers...

November 01, 2017

Attorney-Client Privilege Considerations for Private Equity Firm Counsel

By: Ari M. Berman and Laurel S. Fensterstock VINSON & ELKINS LLP Private equity investments often present complicated questions concerning the attorneyclient privilege, ranging from the interactions between a private equity firm and its portfolio companies to communications with the private equity fund’s investors. It is important for in-house counsel at private equity firms to understand what communications...

November 01, 2017

Current Updates And Legal Developments

SUPREME COURT TO RULE ON VALIDITY OF CLASS WAIVERS IN EMPLOYMENT CONTEXT By: Lexis Practice Advisor Staff THE U.S. SUPREME COURT IS expected to decide this term whether the collective-bargaining provisions of the National Labor Relations Act (NLRA) prohibit enforcement of agreements requiring employees to arbitrate claims against employers on an individual, rather than collective or class action, basis. The high...

November 01, 2017

Top Ten Practice Tips: Public Company Reporting

By: David J. Goldschmidt and Michael J. Schwartz SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP The planning and preparation that each public company must undertake in connection with periodic and current reporting is substantial in terms of time, effort, and resources. Managing the reporting process can be a daunting task for a company as members from several departments within the organization typically are involved...

November 01, 2017

Conducting a Risk Assessment

By: Stephen R. Martin ARNOLD & PORTER KAYE SCHOLER LLP What is a Risk Assessment? A risk assessment is a review undertaken to help an organization understand its business and manage the related strategic, operational, financial, and/or compliance risks. In the compliance context, U. S. regulators expect companies to conduct periodic and/or targeted assessments in order to assess and address the legal and regulatory...

November 01, 2017

Checklist - 15 Sample Questions When Performing a Risk Assessment

Checklist provided by Stephen R. Martin , partner at Arnold & Porter Kaye Scholer LLP This checklist includes key themes from the compliance program expectations of government regulators around the world and best practices broken into five essential elements of corporate compliance that should be present in every company’s compliance program: (1) Leadership; (2) Risk Assessment; (3) Standards and Controls;...

November 01, 2017

In-House Counsel’s Role In Cybersecurity & Data Protection

THE CONDUCTOR CANNOT HOPE TO KNOW EVERYTHING about each section of the orchestra, (e.g., what strings, woodwinds, brass, and percussion must do in order to play their part). However, each section (and subsection) has its own chair who can determine that with the help of internal or external advisors. The role of the conductor is to coordinate and adjust the entire orchestra to create a compliant and harmonious overall...

November 01, 2017

What Companies Need to Know about Protecting Confidential Information under the New ACC Guidelines

By: Stephen E. Reynolds and Nicole R. Woods ICE MILLER LLP In response to the increased concern surrounding cybersecurity, the Association of Corporate Counsel (ACC) has released the Model Information Protection and Security Controls for Outside Counsel Possessing Company Confidential Information. The authors of this article discuss the guidelines, which can serve as a benchmark for law firm cybersecurity practices...

October 06, 2017

Key Issues Employers Should Consider when Integrating Robotics and Automation in the Workplace

By: Karen Y. Cho MORGAN, LEWIS & BOCKIUS LLP It is indisputable that technology is dramatically changing the way we live in the 21st century and will continue to play an even greater role. The Pew Research Institute’s 2014 Future of the Internet survey uncovered wide agreement that robotics and artificial intelligence will permeate most aspects of daily life by 2025, including health care, transportation,...

September 28, 2017

Top Ten Practice Tips By Experts: Initial Public Offerings

By: Arthur D. Robinson and Jonathan Ozner SIMPSON THACHER & BARTLETT LLP SENIOR EXECUTIVES AND OWNERS OF PRIVATE COMPANIES considering an initial public offering (IPO), or of public companies considering a spin-off or carve-out IPO of a subsidiary, business unit, or division, are undoubtedly aware of the many benefits of an IPO. These include: Liquidity for existing equity holders Increased access to capital...

September 28, 2017

Current Updates and Legal Developments - Fall 2017

SEXUAL ORIENTATION DISCRIMINATION UNDER TITLE VII REMAINS HOT-BUTTON ISSUE By: Bender’s Labor & Employment Bulletin, Volume 17, Issue 7 RECENTLY, THREE OF THE U.S. CIRCUIT COURTS OF APPEAL addressed the issue of whether discrimination on account of an individual’s sexual orientation is precluded by Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 1981) . In the first case, Evans v. Georgia...

September 28, 2017

Copyrights in the Fashion Industry – Tips for Protecting Designs

By: Seth Appel PATTISHALL, MCAULIFFE, NEWBURY, HILLIARD & GERALDSON LLP THE U.S. SUPREME COURT CONFIRMED THAT ARTISTIC designs on clothing can be subject to copyright protection in Star Athletica, L.L.C. v. Varsity Brands, Inc., 137 S.Ct. 1002 (2017) . This landmark decision follows years of uncertainty and inconsistent application of copyright doctrine in this important area. Although the case involved Varsity...

September 28, 2017

Handling I-9 Investigations By Government Agencies

By: Jacob T. Muklewicz —Kirton McConkie This article provides guidance on responding to an investigation (i.e., an audit) by a government agency of an employer’s I-9 records. The article mainly focuses on the Department of Homeland Security’s (DHS) Immigration and Customs Enforcement (ICE) agency, which conducts most I-9 government audits. ALL U.S. EMPLOYERS ARE REQUIRED TO VERIFY THE identity and...